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Issues regarding bankruptcy procedure conducted against companies performing activities on the maritime domain

Ante Vuković orcid id orcid.org/0000-0002-0984-1100 ; Split, Hrvatska


Puni tekst: hrvatski pdf 424 Kb

str. 69-90

preuzimanja: 319

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Sažetak

In Croatian legislation bankruptcy procedure (BP) is not the ‘’ultima ratio’’ of an insolvent
debtor of a legal person. It is allowed to give the debtor another shot (second chance)
for rehabilitation within the BP, and the basic act on which it is constituted is the bankruptcy
(reorganization) plan. Reorganization plan is a sett lement between the debtor and
the creditors on how the legal status of the bankruptcy debtor and other parties in the
proceedings will be aff ected by the plan.
Pre-bankruptcy procedure (PBP) is a novelty in the Bankruptcy Act (2015). It is conducted
before and outside the BP in the imminent insolvency phase for an honest debtor’s
restructuring.
The plan and the restructuring measures allow the bankruptcy debtor to retain all or part of
its property in order for the business operations of the bankruptcy to continue.
Is it necessary to introduce special articles in the Maritime Domain and Seaports Act of
2003 as a result of the PBP and the BP? We assume not, because by opening these proceedings,
concession shall not cease, and protection of the rights acquired on the maritime
domain is not dissolved. In fact, by opening the PBP and the BP actual concessionaire does
not lose the att ribute of legal person, so it is about the same legal person, and not about his
legal successor. In the case of liquidation of the debtor’s business, court sett lement between
state att orney public prosecutor (state) and the debtor is the best solution for resolving the
rights and liabilities on the maritime domain in the earliest phase of the BP.
The Republic of Croatia has solved the privatization issues of big shipyards by a special
legal act through the so called compensatory measures. Nevertheless, issues regarding
small shipyards and other economic companies performing activity on the maritime domain,
remain open.

Ključne riječi

bankruptcy proceedings, concession, property rights acquired on the maritime domain, reorganization plan, privatisation

Hrčak ID:

166988

URI

https://hrcak.srce.hr/166988

Podaci na drugim jezicima: hrvatski

Posjeta: 564 *